Pursuant to the procedures hereinafter set forth, when the following conditions exist, a development plan is required:

1. when two (2) or more main buildings containing permitted uses are to be erected and maintained on the same zone lot in the R-3, R-4, M-H, C-0, C-P, C-1, C-3 and I-1 Districts; ²⁶
2. when a condominium development is proposed in the R-3 or R-4 District, either new or a conversion condominium, containing ten (10) units or more, within one (1) or more structures on one (1) or more zone lots;
3. when a multiple family, residential development is proposed in the R-3 or R-4 District which will contain ten (10) units or more within one (1) structure on the same zone lot; and
4. when a commercial development in the C-O, C-P, C-1 or C-3 Districts is proposed which will contain twenty five thousand (25,000) gross square feet or more in one (1) main building containing permitted uses on the same zone lot.²⁶
5. when a development is proposed that includes mixed-use development, as defined in Section 14, in a C-P, C-O, C-1 or C-2 District. Development Plans shall not be required for permitted residential accessory uses where no more than one dwelling unit for each permitted use, occupied only by owners or employees, along with their families, employed on the same premises are proposed.⁷³

This procedure is intended to permit diversification in the location of structures on the land, as well as to assure that major, one (1) structure residential or commercial projects do not adversely impact the surrounding neighborhood in which the project is to be located, while yet maintaining adequate standards for the preservation of the public health, safety and welfare.

Effective on: 1/1/1901

The provisions of this section shall apply to permitted uses on the same zone lot, under the conditions provided in the above Paragraph a., in the following zoning districts:

R-3, R-4, M-H, C-O, C-P, C-1, C-3 and I-1

Effective on: 1/1/1901

1. All applications for the approval of a development plan shall be filed with the Director or his designee at least fourteen (14) days prior to the Planning Commission meeting at which the development plan is to be considered. Such applications shall be accompanied by the fee payment and shall include: ³⁰
   1. statement certifying that the signatories are the owners of the land area described and agree to be bound by the provisions of the development plan as follows:

It is agreed that the conditions of this development plan shall be binding upon the undersigned, their successors and assigns, shall limit and control the issuance and validity of all zoning permits, and shall restrict and limit the location, construction and use of all land and structures included within the plan to all of the conditions set forth upon the plan; and that the development plan may be amended only upon application to and approval by the Planning Commission.

Executed this _____ day of _____________________, _______, by:

______________________________

______________________________

STATE OF WYOMING )

) ss.

County of Campbell )

The foregoing instrument was acknowledged before me this ______ day of ____________________, A.D., ______, by __________________________, as a free and voluntary act and deed.

Witness my hand and official seal.

______________________________

Notary Public

My Commission Expires: _________________

1. 2. a twenty four inch (24") by thirty six inch (36"), original linen or mylar and twelve (12) prints of a plat or plan drawn to scale, showing at least the following detail:^{12, 17}
      1. the legal description of the land area included in the proposed zone lot;
      2. the land area to be included within the development plan, its present zoning classification, the zoning classification of abutting lands and all public and private rights-of-way and easements abutting or crossing the land area which are existing, proposed or to be abandoned. The boundary of the area included within the development plan shall be shown in a heavy solid line, with appropriate angles and distances noted;
      3. the following engineering information:
         1. a drainage and detention plan or (at the City's option) cash-in-lieu;
         2. existing and proposed grading at two foot (2') contour intervals;
         3. the size and location of existing and proposed utilities to be publicly maintained;
         4. the size and location of water, sewer and electric services;
         5. the location of sidewalks and gutters;
         6. the location and height of retaining walls;
         7. foundation and curb elevations;
         8. all porches, decks, cantilevers, steps, chimney chases or other building extensions; and
         9. a vicinity sketch.
      4. the location of each existing and proposed structure in the designated area, together with a notation of the permitted uses to be contained in the structure, the height of the structure and the location of the entrances and loading areas:
      5. all curb cuts, driving lanes, parking areas and loading areas;
      6. all pedestrian walks, malls and open areas;
      7. the location and height of all fences and walls and the location, height and size in square feet of all signs;
      8. the total square footage of each of the following: the zone lot, building area (including building extensions), parking and driveway area, pedestrian walks and open space;
      9. the type of surfacing, such as paving, turf or gravel;
      10. the location of all fire hydrants and neighborhood (mail) box units;
      11. the location of landscaping and general type of landscaping materials;
      12. a certificate and date of approval of the Planning Commission, reading:

Approved by the City of Gillette Planning Commission this ____ day of _____________________, A.D., ______.

___________________________

Chairman

____________________________

Attest: Secretary ³⁰

1. 1. 13. certificate for recording with the County Clerk and Recorder, as follows:

The Development Plan was filed for record in the Office of the Clerk and recorded at ____ 0'clock, ____. M., ________________________.

____________________________

County Clerk

1. 3. names and addresses of owners of all lands immediately adjacent, within a distance of one hundred forty feet (140'), as shown in the records of the Campbell County Assessor. In determining the one hundred forty feet (140'), the width of any intervening street or alley shall not be included. ¹²

2. If the proposed development plan involves the dedication of a street or the platting or replatting of subdivision blocks or lots, the development plan shall be accompanied by a final subdivision plat, meeting all of the requirements of the Subdivision Regulations of the City of Gillette.

Effective on: 1/1/1901

1. The Director or his designee shall receive all development plans submitted, pursuant to this section and shall refer the development plan to the Department of Community Development. 27,29 The Department shall review the submitted development plans for appropriateness and for compliance with this ordinance. During its review of the development plan, the Department may make development plan information available to and confer with any agency or person. Upon completing its review the Department shall make a written recommendation for approval or disapproval of the plan and schedule the development plan and the Department's recommendations for discussion at a regular meeting of the Planning Commission. The Planning Commission's consideration of the development plan shall be based on the following standards:
   1. The structures noted on the plan must meet all of the limitations as to height, setback, open space and regulations governing in the zoning district in which the development plan is located. However, the Planning Commission may authorize a waiver from the terms of this ordinance, only in the review and approval of development plans, and provided the Commission finds that all of the following conditions exist: ¹⁷
      1. that the waiver will be in harmony with the spirit of this ordinance and the duly adopted Comprehensive Plan;
      2. that the waiver will improve the design, quality and character of the development;
      3. that the waiver will not adversely affect the public health, safety or welfare;
      4. that the waiver will not authorize a permitted use, other than those specifically enumerated in the zoning district in which the waiver is sought;
      5. that the waiver will be in accordance with the character of the neighborhood; and
      6. that the waiver will not conflict with any other City code or ordinance.

A waiver request shall be submitted in writing, along with the development plan. Each waiver authorized by the Commission shall not be personal to the applicant but shall apply to a specific use or structure on the approved development plan and shall run with the land.

1. 2. Adequate provisions must be made for:
      1. proper grading, paving, gutters and treatment of turf to handle storm water and prevent erosion;
      2. pedestrian ways and open spaces which are safe and convenient and separated from vehicular traffic, loading and parking;
      3. safe and efficient vehicular circulation, both on the site and at the entrances to the public street system;
      4. safe play and recreational areas for residential complexes intended for family occupancy; and
      5. in commercial complexes, screening or planting to shield any adjacent residential areas from the visual encroachment of commercial architecture and activity.
   3. Buildings shall not be so arranged that any building is inaccessible by emergency vehicles.

2. After due deliberation, the Planning Commission shall either approve or disapprove the development plan. An approved development plan shall be recorded by the County Clerk, and a copy filed among the records of the Chief Building Inspector as a reference in issuing the proper permits. If the development plan is disapproved, the Planning Commission shall state in writing, conditions whereby the plan might gain approval.
3. If the development plan is accompanied by a final subdivision plat or condominium plat which is proposed as an integral part of the development plan, the Planning Commission shall consider the development plan and final plat or condominium plat at the same time. If the development plan and the final plat or condominium plat are approved, the Planning Commission, in its recommendation to the City Council, shall comment on the relationship of the approved development plan to the proposed final plat or condominium plat. If the development plan is disapproved by the Planning Commission, the Commission shall notify the Council of any impact the lack of an approved development plan might have upon Council's consideration of the final subdivision plat or condominium plat. ⁸
4. Approval of the development plan by the Planning Commission shall be effective for thirty six (36) consecutive months from the date of approval. The Planning Commission may, upon written application by the developer and for cause shown, grant up to two (2) extensions of approval, not to exceed twelve (12) months each. All development plans approved by the Planning Commission, prior to the effective date of this ordinance, shall remain valid for thirty six (36) months after the effective date of this ordinance. ²⁰
5. In the event that a building permit for an approved development plan has not been issued, and construction has not commenced within the time limit described in the preceding paragraph, the Planning Commission may initiate vacation of the development plan. The owner of the property for which a development plan has been approved may also initiate vacation of the development plan, if the proposed development is no longer contemplated. Written notice of the proposed vacation shall be given to the property owner and all adjacent property owners within one hundred forty feet (140'), excluding intervening rights-of-way, prior to Planning Commission consideration of the proposed vacation. After the Planning Commission approves the vacating of the development plan, the property owner shall be notified, in writing, and an affidavit referencing the book and page numbers where the vacated development plan had been recorded shall be recorded in the County Clerk's Office. ²⁰

Effective on: 1/1/1901

A development plan shall be required for all new RV parks and for expansions of existing RV facilities. For expansions, the plan shall include the entire site, including existing facilities. The following development standards shall apply for recreational vehicle parks:

1. Minimum Park Size. Three (3) acres.
2. Minimum Width of Zone Lot. One hundred fifty feet (150') at the front setback line.
3. Minimum Yards for Structures and Recreation Vehicles. There shall be a minimum of twenty feet (20') for the front yard, side yards and the rear yard. Where deemed necessary by the Planning Commission, an adequate visual buffer may be required.
4. Unit Spaces.
   1. Minimum Width. Twenty-five feet (25').
   2. Minimum Area. There shall be provided and maintained, a separately designated land area of nine hundred (900) square feet, except that at least twenty percent (20%) of the total number of spaces shall be at least one thousand three hundred seventy five (1,375) square feet; and ten percent (10%) of the total number of spaces shall be at least one thousand six hundred twenty five (1,625) square feet.
5. Accessory, commercial uses shall not exceed five percent (5%) of gross park area.
6. Common Recreational Area. An adequate playground or other recreational area shall be provided.
7. Service Building(s). Each park shall provide one (1) or more service buildings providing:

For parks with more than eighty (80) unit spaces, additional facilities shall be provided as follows:

1. 1. men's toilets, urinals, lavatories and showers - one (1) of each per each twenty (20) additional unit spaces; and
   2. women's toilets, lavatories and showers - one (1) of each per each additional fifteen (15) unit spaces.

8. Water Supply. A potable water supply shall be available, not farther than one hundred feet (100') from any unit space.
9. Refuse Disposal. Durable, water-tight refuse containers shall be provided at sanitary waste stations, service buildings and within one hundred fifty feet (150') of any unit space.
10. Sanitary Waste Stations. One (1) station shall be provided for each one hundred (100) unit spaces, or part thereof, not equipped with individual sewer connections. A means for washing down the immediate area of the station shall be provided.
11. Parking. A minimum of one (1) parking space shall be provided at each unit space. Parking spaces and RV pads shall be surfaced with gravel, as designated by the City of Gillette Construction Specifications and Design Standards, for individual unit spaces. ²⁷
12. Streets. All streets shall be of an all-weather surface of asphalt or concrete. The following minimum widths shall be required:
    1. One way, with no on street parking - twelve feet (12').
    2. One way, with on street parking (one side) - twenty feet (20').
    3. Two way, with no on street parking - twenty feet (20').
    4. Two way, with on street parking - twenty eight feet (28').

Effective on: 1/1/1901

If the developer contends that the conditions of approval attached by the Planning Commission are of such a nature as to make development of his land impractical, or if the developer contends that disapproval of his development plan was a wrongful decision, he may request a hearing before the City Council. The request shall be submitted in writing within thirty (30) days of the action or decision appealed from and shall state the specific relief sought. Within thirty (30) days of the receipt of such a request, the City Council shall hold a hearing to determine the proper disposition. At the hearing, the Council shall consider not only the developer's appeal, but also the written or verbal comments of the Commission. The Council shall either reaffirm or modify the decision of the Commission and note the decision in the record of its hearing. This decision shall be binding upon all agencies and administrative personnel of the City of Gillette.

Effective on: 1/1/1901

Development plans approved by the Planning Commission and recorded and filed by the County Clerk shall be binding upon the owner or owners of the land included in the plan, and all permits and certificates shall be issued in accordance with the recorded plan.

Effective on: 1/1/1901

Recorded development plans may be withdrawn or may be amended, pursuant to the same conditions and procedures whereby they first gained approval.

Effective on: 1/1/1901